AppraisalDesignation and Removal of Probate Referee
Section § 8920
This law explains how a probate referee is chosen by the court when dealing with estates. Generally, the court picks someone already appointed by the Controller to be a probate referee in that county. However, if no one is available or suitable, the court can choose a probate referee from another county.
Section § 8921
This law allows the court to appoint a probate referee suggested by the personal representative when there is a good reason to do so. "Good cause" includes situations like if the referee has recently appraised the property in question, will appraise related properties in another case, or has recently worked with similar properties in other cases.
Section § 8922
This law gives the court the power to choose not to appoint a person as a probate referee, even if that person has been appointed by the Controller to serve as a probate referee for a county.
Section § 8923
This law states that certain individuals cannot be appointed as probate referees. Specifically, the court clerk, a partner or employee of the judge or commissioner making the appointment, and the spouse of the judge or commissioner cannot be designated. Additionally, individuals or their spouses who are closely related to the judge or commissioner (within three degrees) are also ineligible.
Section § 8924
This law outlines the circumstances under which a court can remove a probate referee in charge of appraising the value of an estate during the probate process. Firstly, the personal representative of the estate can ask the court to remove the referee if they demonstrate incompetence or unnecessary delays. Secondly, the personal representative has the right to remove the first assigned referee without providing a reason, as long as they do so before the inventory is delivered to the referee. Lastly, other statutory causes for removal may apply. Once a referee is removed, the court will appoint a new one according to specific procedures.